What happens if an original will cannot be found?

If after a thorough search an original will cannot be found, but a signed copy is available, it may be possible to apply for a grant of probate using the copy will. This process is known as 'proving' a copy will under rule 54 of the Non-Contentious Probate Rules 1987.

The Probate Registry will require a sworn affidavit detailing: 

• The grounds of the application and why you're seeking to prove a copy of the will rather than the original.
• The circumstances under which the original will was lost.
• The steps taken to search for the original will.
• The evidence on which the applicant relies to rebut the presumption that the will was destroyed by the deceased during their life.
• The identities of any individuals who would benefit if the copy will is not accepted.
• If there is any indication that the deceased may have made a later will, or if someone would inherit more under the intestacy rules rather than the copy will, those details must also be disclosed. 

The Probate Registry may also require evidence of due execution of the will.

Please note - it's not possible to use this process if you only have a copy of an unsigned will.

What happens if I can’t find a will at all?

If, after taking all reasonable steps to try and locate a will, you are confident that no will exists, the estate must be administered under the rules of intestacy. These are legal rules that determine how an estate is distributed when someone dies without a valid will - view our intestacy rules flow chart for further information.

In such cases, it's strongly recommended that you seek legal advice before applying to the Probate Registry to obtain a grant of letters of administration which is the form of grant that is issued in such cases.

If you would like advice on lost wills, or indeed on any other will, inheritance or trust matter, please contact our disputed wills team.